[MC 1982-1, February 1, 1982; MC 2002-27, § 1,
November 15, 2002]
Except as otherwise provided by law any persons who shall hereafter
become officers or employees of the City, whether appointed through
statute or ordinance or otherwise employed, are hereby required, as
condition of their initial employment and continued employment, to
have their place of abode in the City and to be and remain bona fide
residents thereof.
All current officers and employees of the City of Plainfield
who presently maintain a bona fide residence within the City are hereby
required as a condition of their continued employment, to have their
place of abode in the City and to remain bona fide residents thereof.
[MC 1982-1, February 1, 1982; MC 2002-27, § 1,
November 15, 2002.)
As used in this article, a bona fide resident is defined as
a person having a permanent domicile within the City of Plainfield
and one which has not been adopted with the intention of again taking
up or claiming a previous residence acquired outside of the City limits.
[MC 1982-1, February 1, 1982; MC 2002-27, § 1,
November 15, 2002]
(a)
Nonresidents. All nonresidents appointed to positions or employments
shall become bona fide residents of the City within one (1) year of
their appointment, except as otherwise provided in this article. This
requirement shall be specified in writing by the hiring authority
through the Director of Personnel to the officer or employee at the
time of appointment or employment. The employee shall, during the
six (6) months after the date of appointment or employment, submit
a written report to the City Administrator and the Director of Personnel
setting forth the status of his or her proposed relocation. Failure
of any such employee to acquire residency in the City within one (1)
year shall be cause for removal or discharge from service, but any
officer or employee so removed or discharged shall have the right
to such appeals as available by law.
(b)
Continued residency requirement. In the event any officer or employee
does not thereafter maintain bona fide residency, the City Administrator
or his/her designee shall notify said employee in writing that failure
to again take up bona fide residency in the City within six (6) months
of such notification will result in removal or discharge from service.
Such removal or discharge shall take effect on the date specified
in the notice, but any officer or employee so removed or discharged
shall have the right to such appeals as are available by law.
[MC 1982-1, February 1, 1982; MC 2002-27, § 1,
November 15, 2002]
(a)
Whenever the appointing authority of the City with the approval of
the Mayor or City Administrator shall determine that there cannot
be recruited a sufficient number of qualified residents for available
specific positions or employments, the City shall advertise for other
qualified applicants. The appointing authority shall through the Director
of Personnel classify all qualified applicants responding therefor,
preferentially, in the following order:
(b)
All appointments or hiring shall be made in the order listed above.
The hiring authority shall first appoint all those in Class (1) above
and then those in each succeeding class in the order above listed,
and shall appoint a person in any such class only to a position or
employment remaining after all qualified applicants in the preceding
class or classes have been appointed or have declined an offer of
employment. The preference established by this section shall not diminish,
reduce or affect the preferences granted pursuant to any other provision
of law.
[MC 1982-1, February 1, 1982; MC 2002-27, § 1,
November 15, 2002]
Whenever the appointing authority, through the Mayor, advises
the governing body that particular positions or employments require
special talents or skills, such as specialized knowledge, abilities,
licenses, or unique training, which are necessary for the operations
of the City, and where, after a reasonable documented search, no resident
of the City is likely to be found for such position or employment,
then the hiring authority may with the approval of the governing body
fill same with a nonresident of the City.
[MC 1982-1, February 1, 1982; MC 2002-27, § 1,
November 15, 2002]
When promotions of officers and employees are based upon merit
as determined by suitable promotion tests or other objective criteria,
a resident shall be given preference over nonresidents when all such
other measurable criteria are equal. This preference shall not diminish,
reduce, or affect the preference granted pursuant to any other provision
of law.
[MC 2002-27, § 1, November 15, 2002]
Applicants for appointment to Police or Fire positions shall
be classified in accordance with the provisions of N.J.S.A. 40:14-123.1
et seq. and N.J.S.A. 40A:14-10.1 et seq., or as otherwise provided
by law.
[MC 2002-27, § 1, November 15, 2002]
(a)
The Mayor or his/her designated representative shall require that
all current and future officers and employees of the City execute
affidavits indicating their residence and to furnish such information
as may be necessary or proper to verify their bona fide residency
status. Affidavits for current employees shall be executed within
thirty (30) days after the effective date of this section. Thereafter,
said affidavits shall be executed on a yearly basis, and filed with
and reviewed by the Director of Personnel.
(b)
If any person shall hereafter qualify hereafter for employment who is not presently a bona fide resident of the City, then such person shall be required to execute an affidavit stating that he/she shall obtain or acquire a place of abode and remain a bona fide resident, within one (1) year of the date of appointment or employment, as set forth in Section 11:19-3.
(c)
The execution of the required affidavit(s) and compliance with the
terms stated therein shall be a condition of appointment or employment,
and the failure of any officer or employee to comply with the requirements
of this section shall be cause for not appointing or hiring said person
and, if already appointed or hired, cause for his/her removal or discharge
from City service.
[MC 2002-27, § 1, November 15, 2002]
(a)
Current nonresidents. Any officer or employee who presently resides
outside the jurisdictional limits of the City of Plainfield shall
be exempt from maintaining a permanent domicile within the City of
Plainfield. If any such officer or employee subsequently establishes
a bona fide residence within the City, he/she is required, as a condition
of continued employment, to maintain a place of abode in the City
and to remain a bona fide resident in accordance with this article.
This exemption for current nonresidents shall terminate when the officer
or employee leaves City office or employment, and if such person becomes
subsequently reappointed or re-employed, the residency requirements
in this article shall apply.
[MC 2002-27, § 1, November 15, 2002]
Any waiver or extension of the requirements of this article
shall be subject to the approval of the governing body by resolution.
[MC 2002-27, § 1, November 15, 2002]
Any requirements concerning eligibility, appointment or promotion contained in this article shall be subject to any order issued by any court, or by State or Federal Agency pursuant to law, with respect to a requirement of action to eliminate discrimination in employment, except that the requirements set forth in Section 11:19-3 above shall continue to apply notwithstanding any such order.
[MC 2002-27, § 1, November 15, 2002]
Failure of any officer or employee to comply with the residency
requirements as set forth in this article shall be cause for his/her
removal or discharge from service with the City of Plainfield as provided
herein.
[MC 2002-27, § 1, November 15, 2002]
It shall be the affirmative duty of the hiring authority through
the City Administrator to insure that all employees hired hereafter
and all current officers and employees that presently reside in the
City of Plainfield are and remain bona fide residents of the City
and to otherwise enforce the provisions of this Residency Ordinance.
